Legal Opinion

Morse v. Boston & Lowell Railroad

Supreme Court of New Hampshire

Decided December 5, 1889PublishedCited by 3 opinions

Case, for killing the plaintiff’s ox. There was also a count in trover. Pacts found by the court. The ox and three other cattle belonging to the plaintiff strayed from his pasture into Glover’s adjoining field through Glover’s insufficient fence. Afterwards the ox (under the circumstances stated in the opinion) was left in the highway, strayed upon Glover’s land, and thence to the railroad, and was killed' by the defendants’ locomotive.

1Opinion of the CourtDoe, C. J.

“At common law the owner of a close was not bound to fence against an adjoining close, unless by force of a prescription ; but he was at his peril to keep his cattle on his own close, and to prevent them from escaping; and if they escaped they might be taken on whatever land they were found damage feasant, or the owner was liable to an action of trespass by the party injured.” Avery v. Maxwell, 4 N. H. 36. Under the statute of fences, the landowner “ is obliged to fence only as in the case of prescription at common law. The manifest object of the statute was, to establish the rights and…

2Cases cited3 opinions

  1. Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
  2. Rust v. LowMassachusetts Supreme Judicial Court · 1809
  3. McDonnell v. Pittsfield & North Adams RailroadMassachusetts Supreme Judicial Court · 1874

3Cited by3 opinions

  1. Hill v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1893
  2. Morse v. GloverSupreme Court of New Hampshire · 1894
  3. Deming v. Boston & Maine RailroadSupreme Court of New Hampshire · 1917

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